TWO members of a racehorse syndicate yesterday won £20,000 damages for suggestions in an RTE programme that they had deliberately set up a betting coup. They said afterwards they felt vindicated.
Judge Alison Lindsay in the Circuit Civil Court held that the whole tenor of a Pat Kenny Show interview alleged or imputed the syndicate had conned the ordinary punter.
"The words as they were used in the broadcast and the whole tenor of the broadcast was alleging or imputing that the plaintiffs had or were attempting to con the ordinary punter," she said.
It had further alleged they had engaged in a confidence trick and had attempted or perpetrated a betting coup by losing a race so their horse would run at a higher price in a subsequent race.
Judge Lindsay awarded Mr Sean Boyne, news editor of the Sunday World, and Mr Gerard Cooke, secretary of a finance house, £1,000 each and costs against RTE. She had heard they were part of a syndicate with the sports commentator Mr Jimmy Magee, RTE sports editor Mr Tim O'Connor and Sunday World sports editor Mr Peter O'Neill, which owned the racehorse Redundant Pal.
She granted Mr Frank Clarke SC, who appeared with Mr Michael Byrne for RTE, a stay in the event of an appeal to the High Court.
Judge Lindsay said the syndicate had bought Redundant Pal in 1987 and raced it successfully. In December 1989, at a Leopardstown meeting, Redundant Pal had run in a two horse race, coming second. A fortnight later it had won the 1990 Ladbroke Handicap Hurdle and it was fair to say this had caused some controversy at the time.
On February 22nd, 1990, Mr Brendan McGahon TD of Fine Gael had made a speech in the Dail and referred to certain matters. He had been challenged to utter these remarks in public and agreed to go on the Pat Kenny Show on February 26th.
Judge Lindsay said the programme contained various references such as "air of mistrust", "an inexplicable result", "skulduggery", "suspicious circumstances", "horses covered up" and "betting coups".
Judge Lindsay said: "In this broadcast there were various allegations made and various opinions given and I have come to the conclusion it was not fair comment."
She said there had been no evidence adduced to sustain these allegations as facts and they were therefore unfair and defamatory. Both plaintiffs had been the object of some ridicule and embarrassment in their private and public lives and were entitled to substantial damages.
Afterwards, Mr Boyne said: "I am happy that this has vindicated me, our trainer Paddy Mullins and my colleagues in the syndicate."
Mr Cooke said: "I feel a lot better. We have been vindicated."
Earlier, Mr Cooke told the court that Mr Peter O'Neill had looked after all accounts pertaining to the upkeep and racing of Redundant Pal. Each member of the syndicate paid £100 a month towards the horse's expenses but it had been so successful that at each year's end members had drawn a dividend.
Prize money was divided among himself and syndicate members Mr O'Neill, Mr O'Connor, Mr Magee, Mr Boyne, the trainer Mr Mull ins, and the successful jockey.
He said Redundant Pal's Ladbroke handicap had been fixed before its two horse race against Firion's Law, which had beaten him by 10 lengths.
He had not backed him because he felt the odds of 1/5 had been ridiculous. Tony Mullins had ridden him in the two horse challenge and was shocked. Afterwards he said: "I don't get on with the horse."
Mr Cooke said the jockey on Firion's Law expected to be well beaten and had said to Tony Mullins at the start: "Don't beat me by too much. Let me stay with you for a while." He had obviously not wanted his mount "embarrassed."
He told his counsel, Mr Garrett Cooney SC, who appeared with Mr Oisin Quinn, that Redundant Pal had much earlier been entered in the Ladbroke Hurdle and despite the poor result it was decided he would still run in it.
Mr Conor O'Dwyer, now one of the best known national hunt jockeys, had ridden Redundant Pal in the 1990 Ladbroke and afterwards until the syndicate sold the horse in 1992. A horse's form on the day, the going and the skill of the jockey were major factors in an on course performance.
"RTE should have known that and I believe they should have consulted their sports experts to research the possibilities of what may have caused Redundant Pal's poor performance in the two horse race before broadcasting the programme," he said.
A 17th man has faced a new charge at the Special Criminal Court because of the confusion over the delisting of a judge at the court.
Mr John Ryan (30), of Downey Avenue, Killalee, Limerick, was charged with falsely imprisoning Mr Michael Lyons at Greenhill Road, Garryowen, Limerick, on August 25th last.
Mr Brendan Counihan, Assistant State Solicitor, told the court that Mr Ryan was charged on October 16th last, before the court which included Judge Dominic Lynch.
He had been granted bail on October 25th and was now before the court for recharging.
Mr Counihan said the new charge was a substitute charge and there was no objection from the State to bail.
Mr Ryan was remanded on his own bail of £10,000 and an independent surety of £10,000 until November 19th. He was also ordered to report daily to the Garda in Limerick and to surrender his passport.